Linklaters former managing partner Tony Angel has taken on the role of executive managing director of financial market intelligence provider Standard & Poor's (S&P). In addition Angel will head S&P's Europe, Middle East and Africa (EMEA) business, reporting to its president Deven Sharma. "With more than 30 years of experience at Linklaters working on a wide variety of sophisticated transactions, and 10 years driving the firm's global integration and expansion, he brings a unique combination of proven leadership skills, a keen international perspective and a strong understanding of the capital markets," said Sharma._________________Roofers Minneapolis

Some may venture into conveyancing, banking private sectors etc.
Others may prefer court cases.
Still some may prefer writing like me and posting also.

At the very basic, no distinction of importance.

There is a saying, do not judge a book by its cover.

If there is no sufficient cogent valid reason to come to any conclusion, then, this is not only intimidating to label anyone for that matter for a thought provoked unconsciously but really, this is also uninviting for all the wrong reasons.

An advocate & solicitor is called to the Bar and admitted as a legal practitioner by the High Courts in Peninsular Malaysia. This means they are at liberty to practice in all courts in Peninsular Malaysia.

This alone marks the distinctive quality and privilege of being a lawyer of a fused profession, meaning advocacy ( court litigation) and solicitor (usual conveyancing , banking, etc) in this country.

Unless the High Court has removed a practitioner's name or that he has ceased to practice as a lawyer, there should not be any quarters to belittle a member of the profession being a professional.

Let justice be seen to be done. I hope that finally, the days of trouble that hath come upon those who were fallen will never be repeated.

We all learn and continue to learn.

In the olden days, lawyers practice until they reach their old ripe age.
This is service above self._________________RC

I have signed an Offer to Purchase and paid 3% of the purchase price of a service apartment. Below are some clauses stated in the Offer to Purchase:-
- 10% shall be paid immediately upon signing S&P
- Balance of 90% shall be paid within 90 days from date of S&P signing
- S&P must be signed by both parties within 14 days
- In default of signing S&P'
- By purchaser, the said earnest deposit shall be forfeited by vendor
- By vendor, vendor shall refund depost to purchaser together with compensation etc etc.....

So my problems are as follows:-
- When my lawyer contacted vendor, vendor did not have any lawyer representing him. So, my lawyer offered to be his lawyer as well. Vendor only confirmed to appoint same lawyer 2 days before the due date i.e 14 days
- So until now, the S&P has yet to be signed since according to lawyer, vendor late to confirm to take them as lawyer, and vendor has not furnished lawyer all required documents.
- My agent has been pushing and reminding me that if i/my lawyer is late, vendor may forfeited my 3% deposit. But according to my lawyer, it is the vendor who is delaying.

So my questions are:-
- Can the vendor forfeited my deposit although this delay is not due to my side but actually vendor's?
- What are documents required by lawyer from vendor so that S&P can be expedited?
- I have received some Letter of Offer from banks on home loan. Is there any timeline for me to agreed and sign this letter since S&P has not been signed?

In the beginning of all transactions, the real parties to the agreement namely the vendor and purchaser should be pro-active in seeking and completing the negotiation before finalising the sale and purchase transaction into an agreement.

Somehow, the traditional usual way is not always put to practice. The letter of offer is between the agent and the purchaser, as made to understand. Don't think the vendor is also 'party' to the letter of offer, meaning, the vendor is not bound by the terms of negotiation arranged by the agent for the purchaser since this letter of offer will not be included in the agreement, to put this in perspective.

Therefore, the consideration of the purchase should occur at the time when the sale & purchase agreement is in existence in concurrence of both the vendor and purchaser. not in the absence of an agreement.

From the highlighted concerned issues, little is known about the presence of any express written agreement on which date together with the finalised terms and conditions acceptable to both the vendor and purchaser.

Imagine, if you are the vendor, would you believe on a letter instead of a draft agreement, (proposed to be initiated from the purchaser's solicitor at the very least) to be read and understood and clarified on any points before signing ?

Common sense would dictate, equal and fair treatment to provide opportunity and time to check and recheck the terms and conditions are vital just as time is of essence, likewise, checking and rechecking is by no least. By the way, for a usual agreement, the period of concluding the sale & purchase transaction can be a 3+1 months ie. an extended one month upon the end of the 3 months where a certain percentage per annum interests can be set towards the extended one month for the completion of the transaction as a whole. This term is not forfeited automatically from a sub-sale agreement, no matter what bargaining position may seem to be, accustomed by the financial sector.

Unless the vendor is agreeable to forego this term, little is known whether the omission of this aspect may have put the transaction in a different light, which probably explain the transaction being put on hold.

For the letter with the bank, without an agreement, your loan will not even begin to be processed. Have your solicitor check all the preliminary steps in preparing a sale & purchase agreement first, which is still the most important step in all sub-sale transactions._________________RC

i would like to know if lawyer has the duty to advice the client on issues like don't sign the s&p before the loan is approved_________________If you are a victim of personal injury then do contact a personal injury lawyer

why don't you give a straight and simple answer rather than go around in circles? just some constructive criticism - your answers are long-winded and have exactly the same substance as a concise one-liner. This is the least you could do for hijacking the forum and bombarding it with nonsensical gibberish.

I sometimes wonder if you are trying to impress forumers with your flowery language...in fact, I would sack my lawyer if he gave me such answers cos it's lots of time and effort wasted reading it.

...but then again this is a leisurely-paced forum where not much should be taken seriously...

For many who have no respect for languages, what could you expect from you ?

We learn law because the law is linguistic not a logistic study of some sort.

If you are looking for logistics, then, a forum is not a place for you !

Actually, your ill-education not to mention your ill mannerism is an embarassment to this country.

Check your listings with OneMalaysia and be throughly mesmerised by the country's one Malaysia concept for harmony and peace. You have a lot to learn how to be at peace with others and more so, your inner self !

You may not be too far from trouble if you persist to ignore this good advice and follow the wrong path that will lead you no where. Otherwise, you will not be looking for this forum.

Anyone have come across this Law firm - Ngan Arifah & Chai? I hope you guys don't use them to do your loan agreement or S&P. They are really slow and doesn't follow your case closely. When they react, it will be already too late that you might need to spend extra money to pay for some interest or etc...

i would like to know if lawyer has the duty to advice the client on issues like don't sign the s&p before the loan is approved

I believe that lawyer has duty to advice his client anything which benefit the client so long as the advice is always in line of our law. When I am acting on behalf of the Purchaser, I usually will ask my client to apply for a loan once he get all relevant documents from the vendor even before SNP sign. I believe that this is for the benefit of my client to avoid any delays and then my client has to pay interest due to the delay.

Where are the other forummers who contributed so positively to this forum...cynthia...where are you? Or has some bigoted lawyer burok scared them away?

Sorry guys! Been really busy lately but I do check in once in awhile. I basically tune out when I see a certain name posting!

IMO a lawyer only has an obligation to advise the client if the client came to the lawyer before he signs the Offer to Purchase. If the Offer has been signed, it is assumed that the Purchaser knows his own financial ability before agreeing to sign the document._________________NEED USEFUL LEGAL TIPS?
Visit ..cjkonsulting.blogspot.com for LEGAL TIPS!
LATEST ARTICLE (3/2) Types of Land Dealings & New Categories SOON!

Abbreviations of text is not a 'common name', hence, should not be used in a forum as this can cause confusion.

Also, an offer to purchase is in a stage of negotiation. During negotiation, all promises can be made. What about the agreement, the legal document to bind the parties to their intention to create a legal relation ?

If the sale & purchase agreement do not stipulate any terms on the negotiation, then, would you prefer to contest by bringing evidence of all pre-negotiation issues to 'bid for your luck' ?

Now, that is some 'IMO' to think about even though this is quite descriptive since this is not a qualification on its own.

i would like to know if lawyer has the duty to advice the client on issues like don't sign the s&p before the loan is approved

I believe that lawyer has duty to advice his client anything which benefit the client so long as the advice is always in line of our law. When I am acting on behalf of the Purchaser, I usually will ask my client to apply for a loan once he get all relevant documents from the vendor even before SNP sign. I believe that this is for the benefit of my client to avoid any delays and then my client has to pay interest due to the delay.

My 2 cents...

Hi, salmiah_salim. Just need your kind advice. For my case. I recently bought a house in PJ. I use the same lawyer for my S&P and Loan doc.

To expedite the process, I managed to obtained the Letter of Offer from the bank before the stamping of S&P and passed to the lawyer to process.

But until now which is already three months passed (it is 3+1 months term) and my loan still not yet done. Called up the lawyer and was informed that the delay is due to the error in the unit address given by the agent and vendor (should be D-xx-xx instead of DE-xx-xx). The lawyer also ensure me that he will ask interest free extension from the vendor (The vendor is actually using the same lawyer as mine).

My question is there a way i get the lawyer to bear the interest (if any) if the delay is cause by his part? Under the law, one should carry out his/her works diligently and has a duty of care to his / her clients. Thx

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